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HomeMy WebLinkAboutRESOLUTION - 17-91 - 3/26/1991 - LICENSE AGRMTRESOLUTION NO. 17-91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND AMERICAN ACADEMY OF PEDIATRICS (141 Northwest Point Blvd.) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: "LICENSE AGREEMENT" a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 26th day of March 1991. APPROVED this 26th day of March 1991. Charles J. Zettek Village President ATTEST: Ilafern R. Snick Deputy Village Clerk in LICENSE AGREEMENT Agreement by and between the AMERICAN ACADEMY OF PEDIATRICS (hereinafter referred to as "LICENSOR"), and THE VILLAGE OF ELK GROVE VILLAGE, an Illinois Municipal Corporation (hereinafter referred to as "LICENSEE"). W I T N E S S E T H: WHEREAS, LICENSOR is the legal owner of real estate (the "PREMISES") legally described in Exhibit A, attached hereto; and WHEREAS, LICENSEE is the owner of a municipal water system which will provide potable water to the PREMISES; and WHEREAS, in order to provide such water service it is necessary for the LICENSEE to enter upon the PREMISES from time to time for the purpose of enforcing the Village's Water Ordinance (Elk Grove Village Municipal Code - Chapter 22A), NOW, THEREFORE in consideration of the mutual promises, covenants and conditions hereinafter set forth, LICENSOR and LICENSEE agree as follows: 1. LICENSEE shall have the right to enter upon the PREMISES to connect or thereafter terminate the water supply or for such other purposes as the LICENSOR shall expressly permit, said right of entry for termination purposes to be occasioned and limited to the following: A. LICENSOR failing to pay its water bill to LICENSEE within thirty (30) days after written notice of LICENSOR's failure to pay such bill; B. LICENSOR's failure to correct any unmetered water leakage on the PREMISES within forty-eight (48) hours after being notified of same by the LICENSEE; C. Termination of this Agreement. 2. LICENSOR shall be responsible for any maintenance or repair to the water service located on the PREMISES as required by Village Code. 3. All rights, obligations and licenses herein granted shall extend to or be binding on the assigns, lessees, agents, employees and successors in interest of LICENSOR and LICENSEE. 4. Attorney's Fees. Any party may enforce this Agreement by appropriate action, and, should it prevail in such litigation, it shall recover as part of its costs reasonable attorneys' fees and expenses. 5. This License shall commence immediately upon its execution by the parties hereto and shall be for a perpetual duration subject to the condition that either party may terminate this Agreement upon sixty (60) days written notice to the other. 6. Notice. All notices shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid and addressed to such party at the following listed address unless otherwise directed: A. To LICENSOR: American Academy of Pediatrics 141 Northwest Point Blvd. (60007) P.O. Box 927 Elk Grove Village, IL 60009 Attention: Legal Department B. To LICENSEE: Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 -2- n 7. Completeness. The making, execution and delivery of this Agreement by the LICENSEE has not been induced by any representation, statement, warranty or agreement other than that herein expressed. This Agreement embodied the entire understanding of the parties and there are no other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. This instrument may be amended or modified only by written instrument signed by the fully authorized officers of the respective parties. IN WITNESS WHEREOF, the parties hereto set further their signs and seals ,zg day of FebrUOry , I-989 /99/. "M LICENSOR: AMERICAN ACADEMY OF PEDIATRICS By: Its: Chief Financial cer ATTEST: LICENSEE: VILLAGE OF ELK GROVE VILLAGE By: Charles J. Zettek Its: Village President ATTEST: Ilafern R. Snick Deputy Di ector, Division of ow Village Clerk A inistrative Services -3- Liuyers Title Insurance Corporation NATIONAL HEADQUARTERS Case No: 59450 RICHMOND. VIRGINIA "LEGAL DESCRIPTION" SCHEDULE A-3 con, d. That part of the Southeast quarter of Section 16 and part of the Northeast quarter of Section 21, all in Township 41 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at the most Northerly intersection of the Northerly line of Northwest Point Road and the Easterly line of Arlington Heights Road; thence South 32 degrees 10 minutes 15 seconds East along the Northerly line of Northwest Point Road aforesaid 61.83 feet; thence South 81 degrees 39 minutes 00 seconds East along said Northerly line 130.16 feet to a point of curvature; thence contiliue Easterly along said Northerly line being an are of a circle convex Northerly and having a radius of 838.0 feet for a distance of 80.28 feet to a point of compound curve; thence continue Easterly along said Northerly line being an arc of a circle convex Northerly and having a radius of 466.68 feet for a distance of 43.76 feet to a point of tangency; thence South 70 degrees 47 minutes 22 seconds East along said Northerly line 159.02 feet; thence South 72 degrees 13 minutes 20 seconds East along said Northerly line 79.46 feet; thence North 17 degrees 46 minutes 40 seconds East 67.99 feet to a point in an arc of a circle; thence Northerly along an arc of a circle convex Westerly and having a radius of 76.72 feet for a distance of 99.94 feet (the chord of said arc bearing ;forth 7 degrees 23 minutes 53 seconds East) to a point of reverse curve; thence Northerly along an arc of a circle convex Easterly and having a radius of 70.74 feet for a distance of 25.31 feet (the chord of said arc bearing North 34 degrees 32 minutes 54 seconds East) to a point; thence ;forth 26 degrees 50 minutes 56 seconds East 92.47 feet to a point in an arc of a circle; thence Northeasterly along an arc of a circle convex Northeasterly and having a radius of 78.0 feet for a distance of 93.60 feet (the chord of said arc bearing North 43 degrees 03 minutes 55 seconds East) to a point of compound curve; thence Easterly along an arc of a circle convex Northerly and having a radius of 110.72 feet for a distance of 59.86 feet (the chord of said are bearing South 87 degrees 04 minutes 05 seconds East); thence North 26 degrees 34 minutes 48 seconds West 124.47 feet; thence North 48 degrees 05 minutes 04 seconds West 591.03 feet to the Easterly line of Parcel N -7A -22A of condemnation 70L736; thence South 36 degrees 59 minutes 50 seconds West along said Easterly line 125.16 feet; thence continue South 16 degrees 16 minutes 33 seconds !Jest along said Easterly line 333.59 feet to the South line of the Southeast quarter of Section 16 aforesaid; thence North 89 degrees 59 minutes 01 seconds. West along said South line 18.84 feet to the East line of Arlington Heights Road; thence South 8 degrees 8 minutes 29 seconds '.Jest along said East line 234.16 feet to the point of beginning, in Cook County, Illinois. Schedule A-4 Page 2 No, H 582139 0740 099 9000 I i EXIIIB17 A of z PLAT OF SURVEY GREMLEY & BIEDERMANN INC. ALAI PAPT OI NIF :(1117111"AST QIIAPTI'P OF SI -CT 1011 IL ANI) PAPT OF PIE NORTHEAST 111'�+II 1' 04 '.[(Il1'11 71, AIA It! TOWN -flit Al HOPIII, 1'ANGC 11, EAST OF THE 1111RD I i•Ir1, 11•„1 r4 P I I IAL:, III('PI0E1` AS ILLI MM: Hl 1. l l PI l I! C, Al TI IL PUTT NOP IIIE PIY I'. I1 -I.1 IIr?i III I'It fInP 1111 PIY LIIIF nF NOP I IIHF ST POINT POA0 AND THE EASTI'PLY I If❑ 0 PI'I 110GIIIN III IG111S ROAD; TIL f:( -F S00111 32” 10' )4" FAIT ALONG THE IIORTIIEPLY 1 II:1 01 HORHMI SI 1'0 I1;f PHAO At ORES/' ID f1.R3 11 FT; !HENCE SOUTH 810 391 n0" I /t•I AI IIHG SAID HOPTIl1'PLY LIM 130.1( FFI.1 TO A POINT (ll' CUPVATURE; THENCE (01.11HIJE FASTFPLY A[Or10 SAID if(1RT1LriY LINE, PEING AN APC OF A CIPC(E CONVEX HOPIIO III Atli` HAVIrIG A RADIUS OF 838.0 FFI-I IOF A UISTAIICL (1F 80.28 FFET TO POINT OF COHPOUNO CURVE; THE NCF COVTIHUF EA5IEPLY ALONG SAID NORTHERLY LIME It It.G Art ARI: Of A CIPCLF CONVEX IIOPTI4"PLY AM IIAVIN6 A RADIUS OF 466,68 IlfI FOR A OISIAIIFF HC 113,76 IEFT TO A POINT of IAIIGCFICY; THENCE SOUTH 700 111' 22" LAST ALONG SKID IIORTHLRLY LINF 159.02 IFf.T; THENCE SOUTH 720 131 211" FAST AIONG SAID NOPTIIFRI.Y LINF 79.4ti FFFT: THENCE NORTH 170 461 40" f A',1 67.99 FLET TO A POINT IN AN Al OF A CIPCLF; THENCE NORTHERLY ALONG ,',I) APC Of A CIPCLF. CnHVEX WESTERLY Arm HAVING A RADIUS OF 7f•.72 FEET FOR A 1'1';TAIHF (if` 09,94 FFFT (THE CHORD OF SAID APC HEAPING NnPTH 70 201 53" 1461) TO A PLAINT OI' REVERSE CURVE; THFf1CF NORTIIEPLY ALONG AN ARC OF A'CIRCLE (RINVFY. FASTLPLY ACID HAVIIIG A RADIUS OF 70,74 FI EI FOR A DISTANCE OF 25.31 f 111 (Itll: CHORD OF SAID ARC BFARIHG NORTH 340 321 54" EAST) TO A POINT; IM it(-('. NORM 260 SO' 56" EAST 97.47 FFET TO A POINT IN AN ARC OF A CIPCLE; IIII.NCE NORTHEASTERLY ALONG AN ARC OF A CIPCLF CONVEX NOP11MESTERLY AND HAVING A PARI US OF 78.0 FEFT FOR A DISTANCE OF 93.60 DEET (THE CHOPD OF SAID ARC I'I-.+PING NORTH 1130 03' 55" EAST) TO A POINT OF CIIHPOUND CURVET THENCE EASTERLY ALOHG AN APC OF A CIRCLE CONVEX NORTHERLY AILD HAVING A RADIUS or 1L0.72 FFFT FOR A DISTANCE OF 59.86 FEET (THE Cllnan OF SAID ARC BEAPING SIYUTH 870 n4' 051' EAST); THENCE NORTH 260 34' 41" WFST 124.47 FFET; THENCE NORTH 480 05' O4" NEST 591.03 FFFT TO THF FASTERLY LINE OF PARCEL N -7A -22A OF CONDEMNATION 7n1136; THFNCF SOUTH 360 591 50" WEST ALONG SATO EASTEPLY LINE 125.16 FFET; ItItf:CF CONfINIIE SOUTH 160 16' 331' WEST ALONG SAID EASTERLY LINE 333.59 FFET IO IIIF SOUTH LI1lE OF THE SOUTHFAST QNARTFP Of SECTION If. AFOPESAI0; THENCE NORM 89' 59' 01" WEST ALONG SAID SOUTH LIME. 18.84 FFET TO THE EAST LIRE Of ARLINGTON HEIGHTS POAD; THUNCF SOUTH 80 8' 29" WFST ALONG SAID EAST LINE 234.16 FFFT TO THF POINT OF Of C•INNRIO, IN COOP COUNTY, ILLINOIS. At SO Uf1NG UFSCRI'DFD AS: IDT 1 IN HOPIIUIEST POINT SUODIVISIOH UNIT 1 BEING A SUrl Oj VISInN OF PAPT OF THE SOUTHEAST QUARTER OF SECTION If- AND PAPT-OF THE NORTHEAST QUARTER OF SECTION 21, ALL IN TnWNSHir, 4l HnPTH, PANGEi 11, EAST OF THE THIRD PRINCIPAL' HERIDIAN, IN COOK, COUNTY, ILLINOIS. - / \....:•.;,i'...iT4+o»f+:nui:hkL,�_....iL�:y�.,....1�.._.._�.:.:L